1)       Customer acknowledges that agreement is between customer signing this agreement and ServerNova on behalf of itself and its affiliates and successors. ServerNova is not responsible or liable for the misuse or fraudulent use of any software on the client’s premises. ServerNova shall also not be held liable for any data loss that occurs from the use of any software. Further ServerNova makes no warranties of any kind whether expressed or implied for the equipment and or services it is providing and disclaims any warranty of title merchantability non-infringement or fitness for a particular purpose.

2)       Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages that arise out of or relate to this agreement, nor the services provided hereunder, including without limitation any such damages for loss of data resulting from delays or non-deliveries, mis-deliveries, or service interruptions.

3)       ServerNova shall keep customer data confidential and will not discuss, disclose, or otherwise distribute any customer data with a third party and will return all information applicable to customer upon termination of this contract. All confidential data obtained from customer will be destroyed or returned once contract is terminated.

4)       Customer has the right to terminate, with a 30-day notice, this contract upon unsatisfactory performance of ServerNova employees or contractors, or if the general terms and conditions contained herein are not fulfilled.

5)       Customer is not liable for early termination fee in the event of ServerNova breaching this contract.

6)       Payment is due no later than 30 days after date of invoice. Accounts are in default if payment is not received within 30 days after date of invoice. If payment is returned to ServerNova, the customer is immediately in default and subject to a return check charge of $25.00 the customer’s service may be terminated immediately and without notification. Further, ServerNova is not responsible for any damages or loss of data that may arise from early termination.

7)       Billing for ServerNova services will commence on the date of activation as stated above and may be canceled only by 30 days advanced written notice.

8)       Neither party shall use the other party’s name, trademarks, or patents without the express written permission of the other party.

9)       ServerNova affiliates and or subcontractors may perform some or all of ServerNova duties and or obligations hereunder.

10)    This agreement supersedes all previous and contemporaneous written and oral representations, understandings or agreements related to the subject matter herein and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Acceptance of this agreement by ServerNova may be subject to ServerNova absolute discretion, to satisfactory completion of a credit check. Activation of service shall indicate Support acceptance of this agreement.